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Terms and Conditions

Preamble/Acceptance of Terms

Please read these Terms and Conditions carefully. By creating an account or accessing and using the Website and/or receiving Services, you acknowledge that you accept and agree to be bound by these Terms.

IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT RECEIVE SERVICES

We may update these Terms from time to time. Your continued receiving of Services will show us your acceptance of the updated Terms.

1. Definitions

For the purposes of these Terms and Conditions, the following definitions apply:
  • "Agreement" means an agreement entered into between PROVIDER and CUSTOMER or GENERATOR, subject to the terms herein
  • "Applicable law" - law of Hong Kong Special Administrative Region. However, PROVIDER, in its sole discretion, can take any legal action against CUSTOMER or GENERATOR in the country where he has his legal presence, under the law governing this country. The application of the United Nations Convention on the International Sale of Goods is expressly excluded
  • "Carrier" - a national or international telephone carrier or another supplier for telephone numbers and connections
  • "Code of Conduct" - any code of any independent body approved for the supervision of telephone information services recognised by the different countries where the services are provided
  • "CUSTOMER" - you, in case you are the person or legal entity, receiving our Services
  • "GENERATOR" - you, in case you are the person or legal entity, generating calls for PROVIDER
  • "Intellectual Property Rights" - any patent, registered design, registered trade or service mark, copyright, design right, semiconductor topography right, know-how or any similar right exercisable in any part of the world including any application therefore
  • "PROVIDER" - we, Cornwall Telecom Limited, a company registered in , under the laws of Hong Kong with registration number 2735002, and having its registered office at UNIT F 11/F CNT TOWER 338 HENNESSY RD WAN CHAI HONGKONG
  • "Rates" - payouts or fees specified in order confirmations where applicable
  • "Secured e-mail address" is an encrypted or non-encrypted e-mail address where messages or documents can be sent to, binding CUSTOMER or GENERATOR
  • "Services" - all possible Services, provided by PROVIDER according to this Terms
  • "Traffic" are the calls or SMS generated on the numbers PROVIDER provides to CUSTOMER or GENERATOR provides to PROVIDER
  • "Web-site'' - this Web-site with Terms and conditions on it

2. Obligations

2.1. Obligations of PROVIDER

2.1.1. In relations with CUSTOMER:
PROVIDER shall process and forward incoming calls to CUSTOMER according to order confirmation, based on PROVIDER's billing data and according with billing and payout terms predefined by the CUSTOMER. PROVIDER will provide statistical data about calls (including minutes), generated by PROVIDER. PROVIDER will provide the CUSTOMER with username and password for access to these statistics. All calls' durations in PROVIDER's system are rounded to 1 (One) second.

2.1.2. In relations with GENERATOR:
PROVIDER shall process calls, generated by GENERATORS and pay out the rates in currency (USD/EUR/GBP) specified in the order confirmation, based on billing data. PROVIDER will provide the GENERATOR with username and password for access to these statistics. All calls' durations in PROVIDER's system are rounded to 1 (One) second.

2.2. Obligations of CUSTOMER
CUSTOMER shall provide services to the callers using the numbers allocated in the order confirmations. CUSTOMER will pay PROVIDER's bills within the agreed period. The CUSTOMER shall be responsible that these services comply with the Applicable Law and this agreement. The CUSTOMER shall provide all its actual contact details and set of documents (scan copies: corporate documents for legal entity and Passport copy for individuals) to PROVIDER by filling out appropriate forms in the PROVIDER's system and uploading mentioned documents' copies, and keep them updated while uses the service. The CUSTOMER shall obtain all necessary approvals, permissions or authorisations for use of the numbers. The CUSTOMER shall neither acquire any right, title or interest in the numbers. The CUSTOMER shall inform PROVIDER about the services rendered. The CUSTOMER shall ensure that the services neither infringe any intellectual property right nor are defamatory. The CUSTOMER shall reimburse PROVIDER in full for any fines or charges incurred from any third party in connection with the CUSTOMERS's failure to comply with the relevant rules and regulations issued by the relevant third party.

2.3. Obligations of GENERATOR
GENERATOR shall generate calls to the numbers, provided by PROVIDER. The GENERATOR shall be responsible that these services comply with the Applicable Law and this agreement. The GENERATOR shall provide all its actual contact details and set of documents (scan copies: corporate documents for legal entity and Passport copy for individuals) to PROVIDER by filling out appropriate forms in the PROVIDER's system and uploading mentioned documents' copies, and keep them updated. The GENERATOR shall obtain all necessary approvals, permissions or authorisations for his activity. The GENERATOR will provide statistical data about generated calls. The GENERATOR shall ensure that the services neither infringe any intellectual property right nor are defamatory. The GENERATOR shall reimburse PROVIDER in full for any fines or charges incurred from any third party in connection with the GENERATOR's failure to comply with the relevant rules and regulations issued by the relevant third party.

2.4. Rates and Payments
PROVIDER shall pay CUSTOMER in respect of calls to allocated numbers, according to the rates defined in the order confirmations and based on the invoices issued by PROVIDER's system. Payment will be made at the date set forth in the order confirmation. All rates mentioned are exclusive of value added tax. Setup costs, monthly fees, routing costs, chargebacks and other costs (if applicable) will be deducted from the monthly payment. If the payout is lower than the costs billed, CUSTOMER agrees to pay the difference within the agreed period after issue of the invoice. PROVIDER reserves the right to cut or delay the payout if there are chargebacks pending or foreseeable and to change the pricing and rates mentioned in this document or in annexes or confirmations upon 7 days after written notice. If retrospective price changes are implanted by the network provider that result in PROVIDER having effectively overpaid CUSTOMER, then PROVIDER reserves the right to deduct amounts from subsequent payouts to address the balance of payments overpaid during the period affected by the retrospective changes.

2.5. Term and Termination
This agreement shall commence from the date hereof and shall remain in force until either party submits a notice of termination of at least 30 days in advance. Either party may terminate or suspend this agreement at any time by giving written notice to the other where either party has committed a breach of this agreement and fails to remedy such breach within 30 days of receipt of notice requiring to do so. PROVIDER may immediately terminate this agreement if there is adverse publicity against PROVIDER in connection with CUSTOMER's services. Termination, suspension, or expiry of this agreement for any reason shall be without prejudice to any of each party's respective rights and obligations accruing up to and including the date of such termination, suspension or expiry. Neither party shall be held to be in breach of its obligations under the agreement nor be liable to the other party for any loss or damage that may be suffered by the other party due to force majeure.

2.6. Entire Agreement
This agreement represents the entire understanding between the parties in relation to the subject matter hereof and supersedes all prior agreement, representations or understandings by either party whether oral or written.

2.7. Intellectual Property Rights
The parties' respective intellectual property rights shall remain the property of whichever creates or owns the same and nothing in this agreement shall be deemed to confer any assignment or licence of the intellectual property rights of the other party, save that the intellectual property rights or goodwill in the numbers shall hereby be vested in or assigned to CUSTOMER.

3. Access Restrictions

3.1. By agreeing to these Terms, you warrant that you are at least 18 years old and are fully responsible for the information provided when creating an Account. If you are accessing and using the Website and receiving Services on behalf of a person who is not at least 18 years old, then you are representing that you are that person's legal guardian, and you are responsible for that person's compliance with these Terms. You agree to indemnify us for any losses or damage that we suffer as a consequence of the person who is less than 18 years of age failing to comply with these Terms.

3.2. We neither intend to nor publish sexually explicit content or content that otherwise might qualify as harmful to juveniles under Applicable Law. We make reasonable efforts to ensure that all materials we provide on the Website are based on facts and are scientifically accurate.

Please be aware that individual ethical views on what is offensive or harmful to juveniles may vary from the requirements set for Сontent that may be made available to juveniles under Applicable Law.

3.3. Without limitation, the Website is available only sui juris to individuals with whom only legally binding contracts can be formed under Applicable Law.

3.4. We have the right to refuse Service to you at any time, at our sole discretion, including the suspension or termination of Services, if we believe that you may or will bring damage to our business reputation or that of our partners, damage to our users, or otherwise will interfere with other parties' rights to have reasonable use of and access to the Website or are in any way in breach of these Terms.

3.5. If you are aware of anyone that does not comply with these limitations, please contact us at our contact email address, and we will take steps to delete or terminate that account.

4. Your Consent

4.1. By accepting these Terms, you, among other things, agree:
(a) to provide us with complete and accurate information necessary for the safe provision of the Services;
(b) follow the instructions and recommendations provided through the Website.

4.2. You agree that you will not:
(а) bypass or disable any technological features or measures applied on the Website, aimed at protecting our data or our intellectual property rights;
(b) use the Website to collect data for a competitive product or service;
(c) use your Account to take any action that violates Applicable Law;

4.3. Any violation of terms, stated in this article, gives us the right to cancel your License as well as to delete or block your Account.

5. Warranties and Limitations of Liability

5.1. Services are provided "as is", "as available", and are provided without any representations or warranties of any kind, express or implied, to the extent required by Applicable Law.

5.2. We, our employees, agents, representatives, suppliers, contractors and partners do not warrant that:
(a) Services and the Website will be available at any specific time or in any region;
(b) any defects or errors will be corrected;
(c) any content or software of the Website are free of viruses or other harmful components;
(d) the results of receiving Services, using the Website will meet your requirements or expectations;
(e) all the content, provided by us or third parties within the Services, will be accurate, reliable or complete.

Applicable Law may not allow limitations on certain warranties, so some of the limitations stated above may not apply to you.

5.3. You agree that you receive the Services and use the Website solely at your own risk and at your sole discretion. All expected results of receiving the Services depend on you and your activities.

5.4. We are not responsible for the termination of the provision of the Services, deletion of the Account, termination or blocking of access to the Website and for other actions of a similar nature, if such actions were performed on the basis of these Terms.

5.5. Unless otherwise set by Applicable Law, our liability arising out of or in connection with these Terms, or because of the use or inability to use the Website shall not exceed the amount which you paid to us.

6. Privacy Policy

6.1. Your privacy is important to us. Our Privacy Policy is an integral part of these Terms. Please read our Privacy Policy carefully, insofar as it concerns the collection, use and disclosure of your personal data in connection with using our Services.

7. Claims and Jurisdiction

7.1. These Terms are governed by Applicable law. In disputes arising from these Terms, you agree to the exclusive jurisdiction and venue in the Hong Kong International Arbitration Centre.

7.2. Any dispute arising from these Terms, must be brought within one year of the claim or cause of action.

7.3. If, for any reason, a court of competent jurisdiction finds any provision of these Terms or a portion thereof to be unenforceable or not applicable, such provision shall be excluded or limited to the minimum extent so that the remainder of these Terms will continue to operate in full force and effect.

7.4. A printed version of these Terms as amended is acceptable for use in a trial.

7.5. All claims related to these Terms will be dealt with on an individual basis, and the parties will not join together or seek collective recourse to review any claims unless we have agreed to do so.

8. Indemnity

8.1. You agree to indemnify us to the full extent needed from any and all third party claims, liabilities, costs or expenses including solicitor/client costs on an indemnity basis that we may incur or suffer as a result of your improper or illegal use of the Website or from your breach of any of these Terms. 8.2. You are required to exercise due care to conform to Applicable Law, including publication, broadcasting, media controls, advertising standards and social media legal considerations etc.